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(영문) 수원지방법원 2021.02.04 2020나71475
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The defendant is a company aimed at the construction business of metal structures, interior construction business, etc., and the plaintiff is engaged in the construction business.

B. On July 27, 2017, the Defendant ordered the construction of soundproof walls in front of C High School (hereinafter “instant construction”) from the Simsan-dong, Goyang-si and entered into an agreement with D Co., Ltd. (hereinafter “D”) with the following content (hereinafter “instant agreement”).

1. Public mission: Installation of soundproof walls in front of C High Schools;

2. Sewage levelr: D

3. Subcontract amount: 179,000,000 won.

4. Subcontract construction period: From July 27, 2017 to October 23, 2017, the Defendant and D shall enter into an agreement and implement it in good faith with respect to the implementation of the “construction of soundproof Walls in front of the C High School” ordered by the Dong-gu, Seoyang-si, Gyeonggi-do:

- The following- The construction of soundproof walls in front of C High Schools of Section 1 (Execution of the Construction Works) shall be conducted under the responsibility of D and all the affairs of various civil petitions arising out of the Construction Works, including matters necessary for contract management (including matters necessary for completion), matters concerning the management of the ordering office, defects management after completion of the Construction, and repair of defects.

Article 2 (Amount of Construction Contract) The Defendant and D shall pay the amount of the agreement in the form of direct payment by the original office, including the official expenses at the time of the agreement, and the industrial accident insurance premium shall be paid by the Defendant.

Article 4 (Receipt and Payment of Construction Price) Settlement shall be paid within seven days after the payment of the construction price.

Hadodo Ga shall be 75% of the successful bid price and shall be settled.

Article 5 (Accounting Handling) D shall be generated in the name of the defendant, and evidence shall be generated in the name of the defendant, and evidence shall cause at least 80% of the contract amount.

Article 8(On-the-spot Staff input)D shall, at the same time as the construction agreement, stay at the site representatives and necessary persons who are essential on-site employees at the site.

(c)

The instant construction works are civil engineering works that make retaining walls that form soundproof walls (hereinafter referred to as the “instant construction works”).

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